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Re: [oc] Inquiry
On Monday 05 May 2003 01:40 am, Rudolf Usselmann wrote:
> On Mon, 2003-05-05 at 12:00, niclas wrote:
> > 1. GPL
> > 2. BSD
> > 3. Commercial
> >
> > And one can combine.
>
> So they make the SAME code available under two different licenses ?
> As a free version under GPL, and as a commercial version under a
> Commercial license with support ?
> Thats very interesting ! I didn't know you could do that. I thought
> if you release something under GPL, it becomes covered under GPL.
As other pointed out, it is quite common, and although I have not dug into the
codebase at OC, I have a feeling it is more "one-man shows" than many
software projects, which makes the issue very easy.
I personally have delivered products in the past under similar terms, "free to
use, but if you want/need help it will cost" and been able to charge far more
than a "product sale" would bring in, since it there will often be spin-off
effects and a rather small module turns into a larger undertaking.
SUN is another "beast" in open-source (they have a lot of lawyers), in that
they are now pushing a Joint-Copyright Agreement in Netbeans (netbeans.org),
where they are the main/original contributor, but a significant portion is
now flowing in from other parties. The new JCA, not ratified by the
developers yet, try to establish a joint-ownership of all code between the
original contributor and additional contributors.
I have supplied the legal text below, for those interested to look at it
closer. Sorry for the bandwidth...
Niclas
Copyright Assignment
Is a practice where owners of a copyright (authors)
assign their copyright to another entity, thereby,
relinquishing their copyright ownership. If netbeans.org
required this type of Copyright Assignment, then all
netbeans.org contributors would assign their copyright
to Sun Microsystems, who would hold the copyrights for
all the code on netbeans.org. For example, the Free
Software Foundation requires this type of Copyright
Assignment.
Joint Copyright Assignment
Differs from Copyright Assignment in one important
aspect. The contributor also retains the copyright
to the contributed code. Therefore, the contributor
continues to have all rights to the code and the
assignee also has the same rights.
The Joint Copyright Assignment was created in part to handle
the fact that in the EU a copyright owner can't legally
relinquish some aspects of copyright, but it is also a
better deal all around because it makes clear that the
original owner can do what he wants with his original work
while the assignee can collect all copyrights that apply
to a codebase so that the codebase can be managed efficiently.
The goal is to have all the copyrights held by a single
entity. Right now, Mozilla has this exact problem - they
want to change the license (I believe they want to dual
license with the GPL), but they need to get permission from
all the copyright holders -- a daunting task. Its also
advantageous if the rights of netbeans.org need to
be defended in a legal situation as the entire code base
can represented as a whole (personally, I find this less
compelling).
I've had quite a few discussions with the Sun's legal folks
on this topic and the JCA looks, to me, to be a very
good solution.
Attached are drafts of a JCA Policy Statement, a JCA FAQ
and the JCA Form.
Evan
Policy Statement Regarding the Joint Copyright Assignment
Many open source projects, including the Free Software
Foundation, Red Hat and OpenOffice.org require that contributors
assign their copyright when they contribute code. Sun, the
NetBeans project sponsor, has come up with an innovative
Joint Copyright Assignment ("JCA") that allows contributors
to retain their own copyright while sharing a joint copyright
interest in the contributed code. This way contributors retain
all the rights granted by copyright law while sharing those
rights with the open source project sponsor so that the code
is protected by both the Sun Public License ("SPL") and copyright
law.
NetBeans.org, the first open source project sponsored by
Sun, was patterned after the Mozilla project which did not
require copyright assignments for contributions. All Sun
sponsored projects since then have required a copyright
assignment similar to the one used by the Free Software
Foundation. In response to community concern, Sun has been
working on an innovative way to handle copyright assignment.
The result is the JCA which has been applauded by the
OpenOffice.org community. It is our hope that the JCA will
be broadly adopted by the open source community as it
provides flexibility for both the project sponsors and
contributors.
To understand the advantage of the JCA, consider the
problems Mozilla is experiencing in trying to license its
code base under a MPL/LGPL/GPL tri-license without the
benefit of copyright assignments. See:
http://www.mozilla.org/MPL/relicensing-faq.html. Today,
even though the Mozilla Public License ("MPL") and the
SPL licenses are virtually identical, Mozilla code and
NetBeans code cannot be combined without a copyright
assignment. Requiring JCAs will also give NetBeans.org
the flexibility to make its code available under other
licenses such as the MPL or the Apache Software License
in order to contribute portions of the NetBeans code to
those projects.
Sun chose the SPL as the NetBeans license because
it believes this license strikes a good balance of allowing
both the non-profit and "for-profit" open source communities
to use the NetBeans code base for their work and products.
The SPL is beneficial to the NetBeans community because it
requires that users give back to the community any
modifications to the NetBeans sourcefiles, if and when they
choose to distribute those modifications. However, Sun
recognizes that over time there may be a need to adjust the
license or adapt to new licensing models as they evolve.
The JCA will allow NetBeans.org to consider alternative
licensing models for the NetBeans code base (although the
code will always remain available under the SPL as well).
The JCA requirement also provides for better enforcement
of the SPL. Without copyright assignment, any court action
related to the NetBeans code would require the participation
of all contributors as copyright holders. The JCA allows Sun
to represent the NetBeans community in any enforcement action,
while still allowing the community to participate at their
choice as joint copyright holders.
The JCA does not in any way change the rights or
responsibilities of the NetBeans community under the SPL.
Sun is only requesting that you take one additional step to
increase NetBeans.org's flexibility, protect the NetBeans
code base and make alternative licensing models possible
by executing a JCA for any contribution. In order for the
JCA to work, it will be necessary to obtain an assignment
from all past, present and future contributors.
To complete the JCA to to ___________ [Insert URL to JCA
form in .pdf format]
For more details about the JCA go to ___________ [Insert
URL to FAQs]
NetBeans Joint Copyright Assignment Legal FAQs
Questions relating to the Joint Copyright Assignment:
Q: What is the Joint Copyright Assignment ("JCA")?
A: The JCA is an innovative vehicle for copyright assignment
that Sun is using on all its open source projects. Contributions
under the JCA allow both Sun and the contributor full rights to
use, modify and redistribute the contributions under copyright
law. This also allows for greater flexibility in licensing the
NetBeans code base going forward. [See policy statement for more
details at ______________][Insert URL]
Q: Do I have to fill out a JCA?
A: Only if you intend to contribute source code or other
materials, regardless of the size of the contribution, which
are intended to be compiled or otherwise integrated with the
NetBeans.org product. All contributors to the NetBeans.org website
should fill out the JCA, as it makes it easier to keep track of
contributions.
Q: How do I file a completed JCA?
A: According to US law, Sun must have a FAX or hard copy of the
JCA on file before Sun can accept contributions and update the
list of contributors with an accepted JCA. You will find a blank
form of the JCA at: ____________________ [Insert URL]
The JCA is in .pdf format. (On purpose. We need a format not
intended for modification.) Print it, mourn the loss of a tree,
fill it out, sign it, fax it to 650-xxx-xxxx. Then mail the
original signed JCA via postal mail to:
Eric Renaud
Project name/Sun Microsystems
4210 Network Circle, USCA12-105
Santa Clara, CA 95054 USA
Q: Can I file my completed JCA by e-mail?
A: If your computer has FAX capability, then you can print out
the JCA form, fill it out, sign it, scan the JCA and FAX it
from your computer. Currently digital signatures are not
acceptable under US law.
Q: Do I have to file a JCA for every contribution?
A: No, once you have a JCA on file it will cover all your
contributions to NetBeans.org going forward.
Q: Once I have a JCA on file, can I change my mind and cancel?
A: There is no process to cancel an assignment once made for
technology you have already contributed. This is to protect
the code base so everyone who uses it can depend on its
continued functionality. However, you are never obligated
to make further contributions to NetBeans.org.
Q: I tried to make a contribution to NetBeans.org and signed
a JCA, but my contribution was not accepted. What is the result?
A: Ownership of the copyright simply remains with you as the
author for all contributions that are not accepted by NetBeans.
Q: Why does NetBeans request a JCA?
A: Sun asks that you share the copyright on your contribution
the first time you contribute code to NetBeans.org, so that
Sun can protect the NetBeans code base and also allow
consideration of alternative licensing models under a
unified copyright for the NetBeans.org code base. [See
policy statement for more details at ______________[Insert URL]
Q: I have a JCA on file and I have made a code contribution
to NetBeans.org. Can I get listed on the copyright notice?
A: It is impractical to include the names of all contributors
to NetBeans.org in the copyright notice. Instead, Sun includes
a list of all contributors to the NetBeans.org project
at: _____________[Insert URL] If you are not listed, and
should be, your Module Owner can add your name.
NetBeans.org Open Source Project
Joint Copyright Assignment by Contributor
To Sun Microsystems, Inc. ("Sun")
Contact Information:
Full Name:_________________________(the "Contributor")
E-mail:____________________________
Mailing Address:____________________
__________________________________
Telephone:_________________________
Facsimile:__________________________
Country:___________________________
1. Contributor owns, and has sufficient rights to contribute,
all source code and related material intended to be compiled
or integrated with the source code for the NetBeans.org open
source product (the "Contribution") which Contributor has ever
delivered, and Sun has accepted, for incorporation into the
technology made available under the NetBeans.org open source
project.
2. Contributor hereby assigns to Sun joint ownership in all
worldwide common law and statutory rights associated with
the copyrights, copyright application, copyright registration
and moral rights in the Contribution to the extent allowable
under applicable local laws and copyright conventions.
Contributor agrees that this assignment may be submitted
by Sun to register a copyright in the Contribution.
Contributor retains the right to use the Contribution for
Contributor's own purposes. This Joint Copyright Assignment
supersedes and replaces all prior copyright assignments
made by Contributor to Sun under the NetBeans.org project.
3. Contributor is legally entitled to grant the above
assignment and agrees not to provide any Contribution
that violates any law or breaches any contract.
Signed:________________________________________ Date_______________
Printed Name:__________________________________
Please fax and then send a signed original of this assignment to:
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